[¶1] O.H.W. appeals from the district courts order denying his application for discharge from civil commitment as a sexually dangerous individual. He argues the courts finding that he has serious difficulty controlling his behavior is not supported by clear and convincing evidence. Under our modified clearly erroneous standard of review, clear and convincing evidence exists for the courts finding O.H.W. has serious difficulty controlling his behavior. The finding is not clearly erroneous. We summarily affirm under N.D.R.App.P. 35.1(a)(2). Per Curiam.
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Jerod E. Tufte
Lee A. Christofferson, S.J.[¶3] The Honorable Lee A. Christofferson, S.J., sitting in place of McEvers, J., disqualified.